Section 335 IPC: Voluntarily Causing Grievous Hurt on Grave and Sudden Provocation
Section 335 of the Indian Penal Code, 1860, provides a specific punishment where grievous hurt is voluntarily caused on grave and sudden provocation, subject to strict statutory conditions. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 122(2).
Original text of Section 335 IPC
335. Voluntarily causing grievous hurt on provocation. Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.
Explanation. The last two sections are subject to the same provisos as Exception 1, section 300.
The reference to "the last two sections" in the original explanation means Sections 334 and 335 IPC. The original statutory explanation is important: the special treatment of grave and sudden provocation is subject to limitations, not an automatic defence to violence.
Corresponding law: Section 122(2) BNS
Section 122 BNS addresses voluntarily causing hurt or grievous hurt on grave and sudden provocation. Subsection (1) deals with hurt, while subsection (2) deals with grievous hurt. It should be read together with Section 116 BNS (grievous hurt) and Section 117 BNS (voluntarily causing grievous hurt).
The BNS provision is not identical in all respects to the historical IPC punishment scheme. For a current case, consult the operative text of Section 122(2) and the applicable commencement and savings provisions rather than assuming that the IPC fine limits still apply.
Essential ingredients of Section 335 IPC
- Grievous hurt: The injury must meet one of the legally defined categories of grievous hurt.
- Voluntary causation: The accused must have voluntarily caused the grievous hurt within the meaning of the IPC.
- Grave and sudden provocation: The act must have occurred under provocation that was both sufficiently serious and sudden, assessed from the facts and circumstances.
- Limitation concerning third persons: The offender must neither intend nor know it to be likely that grievous hurt will be caused to anyone other than the person who gave the provocation.
- Statutory provisos: The restrictions borrowed from Exception 1 to Section 300 IPC must be satisfied.
Definitions and legal meaning
What is grievous hurt?
Section 320 IPC defines eight classes of grievous hurt, including loss of sight or hearing, deprivation or permanent impairment of a member or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and injuries meeting the statutory danger, pain or incapacity tests. Section 116 BNS provides the corresponding modern definition. The statutory duration in the final category is twenty days under the IPC and fifteen days under the BNS.
Meaning of grave and sudden provocation
Grave refers to the seriousness of the provocation; sudden refers to its immediacy. A past disagreement, routine insult or planned retaliation does not automatically satisfy the statutory test. Whether the provocation is legally sufficient depends on the circumstances and evidence.
Restrictions under Exception 1 to Section 300 IPC
Provocation does not qualify merely because the offender deliberately sought or provoked it as an excuse for violence. The statutory restrictions also address provocation arising from acts done in obedience to law, by a public servant in lawful exercise of powers, or in lawful exercise of the right of private defence. The sufficiency of provocation is a question of fact.
Punishment under Section 335 IPC
| Legal issue | Section 335 IPC | Current BNS provision |
|---|---|---|
| Offence | Grievous hurt on grave and sudden provocation | Section 122(2) BNS: corresponding grievous-hurt offence |
| Imprisonment | Either description, up to four years | Apply the punishment stated in Section 122(2) BNS |
| Fine | Up to Rs. 2,000, alternatively or with imprisonment | Apply the fine provision stated in Section 122(2) BNS |
| Definition of grievous hurt | Section 320 IPC | Section 116 BNS |
| Time period | Generally relevant to pre-1 July 2024 conduct | Generally relevant from 1 July 2024 |
Under the IPC, imprisonment and fine are alternatives, and the court may also impose both. The statutory requirements for the provocation-based provision must be established on the evidence.
Practical illustrations
- Immediate altercation: During a serious and unexpected confrontation, one person strikes the person who provoked them, causing a fracture. Section 335 may be considered only if all statutory elements and restrictions are met.
- Delayed revenge: A person returns hours later to injure someone after planning retaliation. The delay and planning may undermine the claim of sudden provocation.
- Injury to an uninvolved person: An offender acts knowing grievous hurt is likely to a bystander. The express limitation concerning injury to a person other than the provoker becomes relevant.
These examples illustrate legal issues; they do not predetermine criminal liability.
Difference from related IPC offences
- Section 334 IPC covers ordinary hurt caused on grave and sudden provocation, rather than grievous hurt.
- Section 325 IPC is the general punishment for voluntarily causing grievous hurt, without the specific provocation requirements.
- Section 333 IPC deals with grievous hurt to deter a public servant from duty.
- Section 336 IPC deals with acts endangering life or personal safety, a distinct offence.
Evidence and application
Medical reports, injury certificates, witness testimony, CCTV footage, messages and the chronology of events may be important in determining the severity of the injury, the nature and immediacy of provocation, and whether the statutory conditions are satisfied. Courts consider the complete evidence rather than the accused person's description of the event alone.
Frequently asked questions
What is Section 335 IPC?
Section 335 IPC concerns voluntarily causing grievous hurt on grave and sudden provocation, provided the offender neither intends nor knows grievous hurt to be likely to any person other than the person giving the provocation.
What is the punishment under Section 335 IPC?
Imprisonment of either description for up to four years, or a fine up to Rs. 2,000, or both.
What is the corresponding BNS provision?
Section 122(2) of the Bharatiya Nyaya Sanhita, 2023, deals with voluntarily causing grievous hurt on grave and sudden provocation.
Does every provocation qualify?
No. The provocation must be both grave and sudden, and statutory restrictions apply, including restrictions concerning self-induced provocation, lawful acts and lawful private defence.
How is Section 335 different from Section 334 IPC?
Section 334 IPC deals with ordinary hurt on grave and sudden provocation, whereas Section 335 IPC deals with grievous hurt.
Is the IPC still relevant after 1 July 2024?
The BNS generally governs conduct on or after 1 July 2024. The IPC may continue to apply to earlier conduct under the relevant repeal and savings rules.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 116, 117 and 122).
- India Code - Government of India (Indian Penal Code, 1860, Sections 300, 320, 334 and 335).
- Ministry of Home Affairs (commencement notifications and criminal-law updates).
Updated 30 October 2026. This page provides general legal information, not case-specific legal advice. Verify the operative law for the date of the alleged offence.